29 MAY 2002
UNITED KINGDOM / ENGLAND AND WALES / INFO
1. The European and International Division (EID) is the newest addition to the Policy Directorate of the Crown Prosecution Service (CPS). EID was set up at the end of January 2000 to develop the role and enhance the profile of the CPS in the European Union, international and domestic arenas. We also act as a resource able to advise, guide and work with prosecutors all around the country to equip them to face the challenges in prosecuting transnational and organised crime.
EID is fully supportive of Eurojust, which was set up as part of the conclusions of the Tampere European Council of 15/16 October 1999. Resolution number 46 decided to create a body (Eurojust) composed of Prosecutors, members of the judiciary and police officers, having equivalent powers, seconded from each member state in accordance with its legal system. Eurojust’s task is to help improve co-ordination between national authorities responsible for investigations and prosecutions and to provide assistance in cases of organised crime, in particular, on the basis of analysis by Europol. It also co-operates closely with the European Judicial Network (EJN) with a view to simplifying the enforcement of letters rogatory. The UK representative for Eurojust is one of our senior Prosecutors, and the Head of EID, Raj Joshi, is one of the EJN contacts in the UK.
The CPS has appointed UK liaison magistrates to France, Italy and Spain, all of whom form part of EID. The position of liaison magistrate to the USA has been advertised and interviews will be taking place shortly.
EID regularly plays host to and provides lawyers to give lectures to delegates of prosecutors and judges from accession countries visiting the UK.
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2. The only common features in the status of Public Prosecutors and judges are that we would both initially have trained either as solicitors or barristers. The CPS employs both solicitors and barristers. The salary ranges from £25,682 to £59,550. There is then a tier of senior prosecutors (Senior Civil Service grade), who are usually Chief Crown Prosecutors (and above), each heading one of the 42 areas of the CPS. The salary range for that grade is between £44.038 and £131,276.
The Civil Service Order in Council 1995 governs appointments and recruitment to the Civil Service. Every individual appointed to a post in the CPS must be selected on merit on the basis of fair and open competition save in the case of casual staff or those recruited under the Welfare to Work scheme.
To this end, prospective applicants must be given equal and reasonable access to adequate information about the job and its requirements; and about the selection process. Applicants must also be considered equally on merit at each stage of the selection process, which must be based on relevant criteria applied consistently to all candidates. Adverts are placed in various media, usually The Times, Law Society’s Gazette, The Guardian, and also the internal CPS publication, Inform. Appointments may be Permanent, Fixed-Term, Provisional, Conditional or Casual. Promotion is also for the most part, through open competition when new positions become available either through re-organisation or upon the departure of the incumbent.
Prosecutors have discretion as to whether or not to prosecute a case brought to us by the police, having applied the Code for Crown Prosecutors. The test is two-fold; firstly we need to decide whether there is enough evidence to provide a realistic prospect of conviction and secondly whether or not it is in the public interest to proceed.
Disciplinary procedures are in place, which are designed to ensure that CPS staff (both lawyers and admin grades) keep to the standards of behaviour required and help managers deal fairly with those who do not. There are three categories of misconduct – Gross misconduct, Serious misconduct and Minor misconduct. When conduct or behaviour considered unsatisfactory occurs, line managers must assess whether the matter can be adequately dealt with through counselling. If this is not the case and formal action is appropriate, line managers should assess whether the misconduct is minor or more serious. Any member of staff subject to formal disciplinary action has the right amongst other things to be advised of the nature of the complaint against them without delay, to receive advice and representation throughout from a trade union representative or colleague of their choice and to appeal against the outcome and any penalty imposed.
Prosecutors are entitled join a non-contributory Employer’s pension scheme.
With regards to judges, please find enclosed documentation kindly provided by the Lord Chancellors Department. We do not hold information in relation to judges at the CPS.
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3. Prosecution is discretionary in England and Wales and the decision whether to prosecute is entirely the responsibility of the CPS in matters referred to it.
The decision to prosecute or not is made, in every case, by reference to the Code for Crown Prosecutors. This is a public document that sets out the tests that the Crown Prosecutors have to apply when making their decision. (A copy of the Code will be forwarded by post). The Code is designed to provide an open, fair and consistent approach to decision-making. Prosecutions are conducted on the basis of evidential sufficiency and public interest. We do not prosecute on behalf of victims, although their views are always considered during the decision-making process. The Code is a living document that is reviewed and amended from time to time – the last revision was published in October 2000.
The CPS monitors the performance of its lawyers in relation to their decision-making through various means ranging from day-to-day line management, performance indicators and formal inspection via the independent Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI). Through such mechanisms the CPS evaluates its own performance and guards against anomalies in decision-making, be they individual or group orientated.
As well as the other prosecution agencies (Customs & Excise, Department of Trade & Industries etc.), it is open to members of the public to commence private prosecutions in certain circumstances. Of course the Director of Public Prosecutions (DPP) has a discretion to take over any private prosecution and either continue or discontinue it.
All CPS decisions can be challenged by judicial review.
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Information related to judicial offices
The Lord Chancellors Department are responsible for the terms and conditions for High Court Judges and below. This information relates to full-time judicial offices only, please let us know if you require information on part-time fee paid judicial offices. It may be easier to start with the hierarchy. For information on judicial posts marked *, you would need to contact the Lord Chief Justice's Office.
Below are the main categories and a more detailed list.
Lord Chief Justice*
Master of the Rolls*
Lords of Appeal*
High Court Judges
Judicial posts below are not in order of importance, they are regarded as the same level
District Judges (civil)
District Judges (Magistrates Courts) – Criminal
District Judges (Family Division)
Assistant Judge Advocate Generals
Salary range for the above with effect from 1 April 2002 is £177,545 to £82,639 (outside London) and £86,639 (in London). It should be noted that the pay award for the judiciary has been staged and so that next part of the award is from 1 April 2002 and will be from £185,145 to £86,176 (outside London) and £90,176 (in London).
With the exception of a few judicial posts (e.g. High Court Judges) all judicial posts are subject to open competitions. Usually an advertisement is placed in various publications, but occasionally, for a full-time judicial post, all part-time fee paid judicial office holders in that area would be written to asking whether they wished to apply for the full-time judicial post (an example of this is all Deputy District Judges would be written to about District Judge posts).
Promotion from the District Bench, or from part-time fee paid judicial posts to the Circuit Bench would be by competition as mentioned above. Circuit Judges are invited to sit on the High Court Bench.
Transfers & mobility
Circuit Judges and District Judges are assigned to a Circuit, (please see extracts from relevant Memoranda below) whilst High Court Judges are based in London but go out on Circuit. Tribunal members will be based at tribunal locations.
Extract from the Memorandum on conditions of appointment and terms of service for Circuit Judges: -
“Assistance is not available from public funds towards the cost of taking up a first appointment in Crown service. However, when an established judge is asked by the Lord Chancellor to change his sitting arrangements, and, because of that change, the judge is obliged to remove his family home, he may claim a range of allowances. The rules governing payment of these allowances will be fully explained at the appropriate time: what follows is only an outline.
Assistance will not be available if a move is arranged at the judge’s request and there is, in the Lord Chancellor’s opinion, no significant need for the transfer in relation to the administration of justice. Such a move must be at the judge’s own expense.”
Extract from the Memorandum on conditions of appointment and terms of service for District Judges: -
“District Judges are appointed to a Circuit and the initial offer of appointment is subject to the individual agreeing his pattern of sittings with the Circuit Administrator. The Lord Chancellor may require a District Judge to move from one district for which he has been appointed to another district within the same Circuit for which he has also been appointed. Subject to any such necessary variation to the itinerary in accordance with the requirements of the administration of justice, the appointment is intended to be permanent and there can be no automatic expectation of a transfer. However, when a serving District Judge expresses a wish to transfer to another location, and a vacancy subsequently arises there, his request will be given favourable consideration subject to the Lord Chancellor’s right to decide in any particular case that the administration of justice would be best served by a new appointment or alternative replacement.”
There is not career judiciary in the way there is in Europe. Applicants for judicial office will have to have served as a barrister or solicitor for a certain number of years. When appointed to a full-time judicial post, they will not practise as a barrister or solicitor or be indirectly concerned in any such practice and the appointment is considered a lifetime appointment.
Independence & freedom of expression
There is guidance on Outside Activities and Interests which is given to all full-time members of the judiciary, an extract of which is below:-
“Judges must ensure that while holding full-time judicial office they conduct themselves in a manner consistent with the authority and standing of a judge. They must not, in any capacity, engage in any activity which might undermine, or be reasonably thought to undermine, their judicial independence or impartiality. If in any case any question of bias arises, judges should follow the guidance in the decided cases, including the Court of Appeal judgment in Locabail. Judges may not undertake any other remunerated employment, nor receive or retain any fee or emolument in any circumstances save for royalties earned as an author. They may not undertake any task or engage in any activity which in any way limits their ability to discharge their judicial duties to the full. They should so conduct their private affairs as to minimise the possibility of conflict or embarrassment. If any doubt arises on the application of these principles, a judge should seek guidance from a senior colleague or Head of Division or the Lord Chancellor or his Permanent Secretary.”
Please see below.
Pension rights, etc
Pensions for full-time judicial office holders are determined under the provisions of the Judicial Pensions and Retirement Act 1993. Although membership of the judicial pension scheme is automatic on appointment, it is not compulsory and a judicial office holder may opt out. Under the Judicial Pensions and Retirement Act 1993, an immediate pension is payable at age 65, provided a judicial office holder has completed at least 5 years’ service. The pension is calculated on the basis of 1/40th of a judicial office holder’s pensionable pay multiplied by the aggregate length of service in qualifying judicial office subject to a maximum pension equal to one-half of pensionable pay after 20 or more years’ service. An actuarially reduced pension is payable immediately where a judicial office holder retires, having completed at least 5 years’ service, after attaining age 60 but before age 65. Where a judicial office holder is obliged to retire on health grounds before attaining age 65, his or her service will be enhanced by a period equal to one-half of the service he or she would otherwise have served from the day following retirement to his or her 65th birthday.
In addition to the pension, a tax-free lump sum equal to 2.25 times the annual rate of that pension is payable. There is a spouse’s pension at the rate of one-half of the personal pension accruing or in payment at the time of death and provision for a children’s pension. In the event of death in office, there is provision for a death benefit equal to twice the amount of a judicial office holder’s pensionable pay. Contributions towards spouses’ and children’s pensions are compulsory for full-time judicial office holders and take the form of monthly payments of 3% of pension-capped salary. No income tax is payable on these contributions. Pensions already in payment are subject to increases under the Pensions (Increase) Act 1971.
DISCIPLINARY & CONDUCT MATTERS FOR THE FULL-TIME JUDICIARY
High Court Judge and senior judiciary
A High Court Judge holds his office during good behaviour, subject to a power of removal by the Crown on an address presented by both Houses of Parliament. He may resign at any time by giving the Lord Chancellor notice in writing to that effect (Supreme Court Act 1981, s.11).
A Circuit Judge may be removed from office by the Lord Chancellor on grounds of incapacity or misbehaviour (Courts Act 1971, s.17(4)). It is open to a Circuit Judge to tender his resignation from office at any time.
A District Judge may be removed from office by the Lord Chancellor on grounds of misbehaviour or inability to perform the duties of the office (County Courts Act 1984, s.11). It is open to a District Judge to tender his resignation from office at any time.
Categories of misbehaviour
2. Conviction for criminal offences
Where a judge is cautioned for or charged with any criminal offence, other than a parking or speeding offence without aggravating circumstances, he should report the matter at once to the Lord Chancellor and should keep him informed of the progress and outcome of the case. Failure to do so could itself in some cases amount prima facie to misbehaviour. Convictions for some offences, including some motoring matters, need not necessarily be regarded as being incompatible with continuing to sit on the Bench. However, if a judge were convicted of a grave offence, for instance one involving violence to persons, dishonesty or moral turpitude, the Lord Chancellor would regard himself as having cause to consider the exercise of his powers to remove the judge from office on grounds of misbehaviour; and the Lord Chancellor regards a conviction for an offence of driving while under the influence of alcohol or drugs as so grave as to amount prima facie to misbehaviour.
The Lord Chancellor believes that the public must be entitled to expect all judges to maintain at all times proper standards of courtesy and consideration. Behaviour which could cause offence, particularly on racial or religious grounds, or amounting to sexual harassment, is not consistent with the standards expected of those who hold judicial office. A substantiated complaint of conduct of this kind, whether or not previous complaints have also been made, is in the Lord Chancellor’s view capable of being regarded as misbehaviour.
Complaints are received from time to time, either by the Court Service or by the Department’s headquarters, from members of the public or others about members of the judiciary.
Given the constitutional importance of judicial independence, it is generally not open to the Lord Chancellor or his officials to comment on, or attempt to intervene in relation to, complaints received about comments or decisions made by a Judge or other matters involving the exercise of his judicial discretion.
Complaints about personal conduct are dealt with by the Judicial Correspondence Unit in the Judicial Group. As Head of the Judiciary the Lord Chancellor is responsible for investigating complaints about the personal conduct of all judicial office holders. He seeks to guide, counsel, advise or rebuke with a view to ensuring that members of the judiciary uphold the standards of conduct which the public expect of them.
When a complaint is received which is seen to relate to the personal conduct of a Judge, the normal practice is to seek the judge’s comments on it (having first established, where necessary, that the complainant is content with such a course). However, the Judge will not be asked to comment where, for example, the complaint is trivial or misconceived; where the proceedings are ongoing; where the issues raised are, or are likely to become, subject to appeal, or where the complainant specifically objects to the complaint being brought to the Judge’s notice, in which event it is regarded as being withdrawn. The Judge’s comments will be used to inform a response to the complainant and the Judge will be sent a copy of the final reply to the complainant.
The Lord Chancellor will determine how best to deal with each case on its merits. Further steps will be taken only if a serious complaint appears to have been substantiated, or if circumstances otherwise arise which are seen to warrant them. If the complaint is so serious, or if the circumstances which have come to light otherwise than as the result of a complaint are so serious, that an applicable ground for removal from office may have been made out, the Lord Chancellor may consider taking steps to have the Judge so removed.
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LIST OF FULL-TIME JUDICIAL OFFICES
Lord Chief Justice
Master of the Rolls
Lords of Appeal
President of the Family Division
Lord Justices of Appeal
High Court Judge
Judges of the Technology and Construction Court
Other Specialist Circuit Judges:
Senior Circuit Judge (inc Recorders of Liverpool and Manchester)
Chief Metropolitan Magistrate
Deputy Senior District Judge (Magistrates’ Courts)
District Judge (Magistrates’ Court)
County Court / Circuit Judge
Chief Social Security and Child Support Commissioner
Social Security and Child Support Commissioner
President, Immigration Appeals Tribunal
Deputy President, Immigration Appeals Tribunal
Vice-President, Immigration Appeals Tribunal
Senior/Chief Master/Registrar, Supreme Court
Registrar, Criminal Appeals
Senior District Judge
Master of the Court of Protection
Area/Regional Immigration Adjudicator, previously London-based [“Area” no longer applies]
Area/Regional Immigration Adjudicator, previously based outside London [“Area” no longer applies]
Chief Immigration Adjudicator
Deputy Chief Immigration Adjudicator
President of the Lands Tribunal
Member, Lands Tribunal
President, Industrial Tribunals
Special Commissioner of Income Tax [Now Special Commissioner of Taxes]
President, Pensions Appeal Tribunal
President VAT and Duties Tribunals and Presiding Special Commissioner of Taxes
Chairman, VAT & Duties Tribunals – London [No distinction between London and Provincial]
Chairman, VAT & Duties Tribunals – Provincial [No distinction between London and Provincial]
Vice-President, VAT & Duties Tribunals
Judge Advocate General
Vice Judge Advocate General
District Judge (London)
Master/Registrar of the Supreme Court & DJs PRFD
Immigration Adjudicator, London
Immigration Adjudicator, Provincial
District Judge (Magistrates’ Court)
Assistant Judge Advocate General
Deputy Judge Advocate General